Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 18993-18998 [2023-06521]
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Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Rules and Regulations
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DEPARTMENT OF HOMELAND
SECURITY
1. Orthopaedic and Rehabilitation Devices
Panel—Classification of Spinal Sphere
Devices Meeting, December 12, 2013,
available at https://wayback.archiveit.org/7993/20170114044038/https://
www.fda.gov/downloads/
AdvisoryCommittees/CommitteesMeeting
Materials/MedicalDevices/
MedicalDevicesAdvisoryCommittee/
OrthopaedicandRehabilitation
DevicesPanel/UCM378083.pdf.
List of Subjects in 21 CFR Part 888
Therefore, under the Federal Food,
Drug, and Cosmetic Act, and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 888 is
amended as follows:
PART 888—ORTHOPEDIC DEVICES
1. The authority citation for part 888
continues to read as follows:
■
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 360l, 371.
2. In § 888.3083, add paragraph (c) to
read as follows:
■
§ 888.3083 Spinal spheres for use in
intervertebral fusion procedures.
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(c) Date premarket approval
application (PMA) or notice of
completion of product development
protocol (PDP) is required. A PMA or
notice of completion of a PDP is
required to be filed with the Food and
Drug Administration on or before
October 30, 2025, for any spinal sphere
for use in intervertebral fusion
procedures as identified in paragraph (a)
of this section that was in commercial
distribution before May 28, 1976, or that
has, on or before October 30, 2025, been
found to be substantially equivalent to
any spinal sphere device for use in
intervertebral fusion procedures
identified in paragraph (a) of this
section, that was in commercial
distribution before May 28, 1976. Any
other spinal sphere device for use in
intervertebral fusion procedures
identified in paragraph (a) of this
section shall have an approved PMA or
declared completed PDP in effect before
being placed in commercial
distribution.
Dated: March 24, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023–06565 Filed 3–29–23; 8:45 am]
BILLING CODE 4164–01–P
15:57 Mar 29, 2023
33 CFR Part 165
[Docket No. USCG–2023–0259]
Safety Zone; Military Ocean Terminal
Concord Safety Zone, Suisun Bay,
Military Ocean Terminal Concord, CA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone in the navigable waters
of Suisun Bay, off Concord, CA, in
support of explosive on-loading to
Military Ocean Terminal Concord
(MOTCO) from March 30, 2023, through
April 14, 2023. This safety zone is
necessary to protect personnel, vessels,
and the marine environment from
potential explosion within the explosive
arc. The safety zone is open to all
persons and vessels for transitory use,
but vessel operators desiring to anchor
or otherwise loiter within the safety
zone must obtain the permission of the
Captain of the Port San Francisco or a
designated representative. All persons
and vessels operating within the safety
zone must comply with all directions
given to them by the Captain of the Port
San Francisco or a designated
representative.
SUMMARY:
Medical devices.
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The regulations in 33 CFR
165.1198 will be enforced from 12:01
a.m. on March 30, 2023, until 11:59 p.m.
on April 14, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant William Harris, Coast
Guard Sector San Francisco, Waterways
Management Division, 415–399–7443,
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in 33
CFR 165.1198 for the Military Ocean
Terminal Concord, CA (MOTCO)
regulated area from 12:01 a.m. on March
30, 2023, until 11:59 p.m. on April 14,
2023, or as announced via marine local
broadcasts. This safety zone is necessary
to protect personnel, vessels, and the
marine environment from potential
explosion within the explosive arc. The
regulation for this safety zone,
§ 165.1198, specifies the location of the
safety zone which encompasses the
navigable waters in the area between
500 yards of MOTCO Pier 2 in position
38°03′30″ N, 122°01′14″ W and 3,000
yards of the pier. During the
enforcement periods, as reflected in
DATES:
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§ 165.1198(d), if you are the operator of
a vessel in the regulated area you must
comply with the instructions of the
COTP or the designated on-scene patrol
personnel. Vessel operators desiring to
anchor or otherwise loiter within the
safety zone must contact Sector San
Francisco Vessel Traffic Service at 415–
556–2760 or VHF Channel 14 to obtain
permission.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via marine information broadcasts.
Dated: March 23, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2023–06613 Filed 3–29–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0928]
RIN 1625–AA00
Safety Zones; Coast Guard Sector
Ohio Valley Annual and Recurring
Safety Zones Update
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
and updating its safety zone regulations
for annual events that take place in the
Coast Guard Sector Ohio Valley area of
responsibility (AOR). This action is
necessary to update the current list of
recurring safety zones with revisions,
additional events, and removal of events
that no longer take place in the Sector
Ohio Valley. When these safety zones
are enforced, certain restrictions are
placed on marine traffic in specified
areas.
SUMMARY:
This rule is effective on March
30, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0928 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email Petty Officer William Miller,
Sector Ohio Valley, U.S. Coast Guard;
FOR FURTHER INFORMATION CONTACT:
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telephone 502–779–5347, email
William.R.Miller@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of Responsibility
COTP Captain of the Port Sector Ohio
Valley
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
The Captain of Port Sector Ohio
Valley (COTP) is amending 33 CFR
165.801 to update the table of annual
fireworks displays and other events in
Coast Guard Sector Ohio Valley Area of
Responsibility (AOR). These events
include air shows, fireworks displays,
and other events requiring a safety zone.
On January 23, 2023, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled, Safety Zones;
Coast Guard Sector Ohio Valley Annual
and Recurring Safety Zones Update (86
FR 68948). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to those recurring safety
zones. During the comment period that
ended on February 22, 2023, no
comments were received.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
ensure the safety of the events occurring
in March.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The Coast
Guard is amending and updating the
safety zones under 33 CFR part 165 to
include the most up to date list of
recurring safety zones for events held on
or around navigable waters within the
Sector Ohio Valley AOR. These events
include fireworks displays, air shows,
and festivals. The current list in 33 CFR
165.801 requires amending to provide
new information on existing safety
zones and to include new safety zones
expected to recur annually or
biannually. Issuing individual
regulations for each new safety zone,
amendment of existing safety zones
creates unnecessary administrative costs
and burdens. This rulemaking reduces
administrative overhead and provides
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the public with notice through
publication in the Federal Register of
the upcoming recurring safety zones.
Based on the nature of these events,
large numbers of participants and
spectators, and event locations, the
COTP has determined that the events
listed in this rule could pose a risk to
participants or waterways users if the
normal vessel traffic were to interfere
with the events. Possible hazards
include risks of injury or death from
near or actual contact among participant
vessels and spectators or mariners
traversing through the regulated area.
This purpose of this rule is to ensure the
safety of all waterway users, including
event participants and spectators,
during the scheduled events.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
January 23, 2023. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule amends and updates part
165 of 33 CFR by revising the current
table for Sector Ohio Valley, and by
adding eight new recurring safety zones,
removing four safety zones, and
amending four safety zones as described
in the NPRM. Vessels intending to
transit the designated waterway through
the safety zone will only be allowed to
transit the area when the COTP, or
designated representative, has deemed it
safe to do so or at the completion of the
event.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, and
duration of the safety zones. These
safety zones are limited in size and
duration, and are usually positioned
away from high vessel traffic areas.
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Moreover, the Coast Guard would issue
a Broadcast Notices to Mariners, Local
Notices to Mariners, and Marine Safety
Information Broadcasts to inform the
community of these safety zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. It is categorically
excluded from further review under
paragraph L60 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
18995
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. In § 165.801, revise and republish
Table 1 to read as follows:
■
§ 165.801 Annual Fireworks displays and
other events in the Eighth Coast Guard
District recurring safety zones.
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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES
Date
Sponsor/name
Sector Ohio Valley
location
1. 3 days—Third or Fourth weekend in
April.
2. 2 days—Third Friday and Saturday in
April.
3. Multiple days—April through November.
4. Multiple days—April through November.
5. Multiple days—April through November.
6. 1 day—First week in May ..................
7. 1 day—One Friday in May prior to
Memorial Day.
8. 1 day—Saturday before Memorial
Day.
9. 1 day—Saturday before Memorial
Day.
10. 1 day—First Sunday in June ...........
Henderson Breakfast Lions Club TriFest.
Thunder Over Louisville ........................
Henderson, KY ......
Ohio River, Miles 802.5–805.5 (Kentucky).
Louisville, KY .........
Ohio River, Mile 597.0–604.0 (Kentucky).
Pittsburgh Pirates Season Fireworks ....
Pittsburgh, PA .......
Allegheny River, Miles 0.2–0.9 (Pennsylvania).
Cincinnati Reds Season Fireworks .......
Cincinnati, OH .......
Pittsburgh Riverhounds Season Fireworks.
Belterra Park Gaming Fireworks ...........
Live on the Levee Memorial Day Fireworks/City of Charleston.
Venture Outdoors Festival ....................
Pittsburgh, PA .......
Ohio River, Miles 470.1–470.4; extending 500 ft. from the
State of Ohio shoreline (Ohio).
Monongahela River, Miles 0.22–0.77 (Pennsylvania).
Cincinnati, OH .......
Charleston, WV .....
Ohio River, Miles 460.0–462.0 (Ohio).
Kanawha River, Mile 58.1–59.1 (West Virginia).
Pittsburgh, PA .......
Ironton, OH ............
Allegheny River, Miles 0.0–0.25; Monongahela River, Miles
0.0–0.25 (Pennsylvania).
Ohio River, Mile 328 (West Virginia).
Charleston, WV .....
Kanawha River, Miles 59.5–60.5 (West Virginia).
Nashville, TN .........
Nashville, TN .........
Cumberland River, Miles 190.7–191.1 extending 100 feet
from the left descending bank (Tennessee).
Cumberland River, Miles 189.7–192.1 (Tennessee).
Rice’s Landing, PA
Newport, KY ..........
Monongahela River, Miles 68.0–68.8 (Pennsylvania).
Ohio River, Miles 468.6–471.0 (Kentucky and Ohio).
Chattanooga, TN ...
Tennessee River, Miles 462.7–465.2 (Tennessee).
Louisville, KY .........
Nashville, TN .........
East Liverpool, OH
Ohio River, Miles 603.5—604.5.
Cumberland River 190–191 (Tennessee).
Ohio River, Miles 42.5–45.0 (Ohio).
Evansville, IN ........
Ohio River, Miles 790.0–796.0 (Indiana).
Wheeling, WV .......
Ohio River Mile, 90.3–91.8.
11. 3 days in June .................................
12. 1 day in June ...................................
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13. 2 days—A weekend in June ............
14. 2 days—Second Friday and Saturday in June.
15. 1 day in June ...................................
16. 1 day in June ...................................
17. 1 day in June ...................................
18. 1 day—Second or Third week of
June.
19. 3 days—One of the last three weekends in June.
20. One weekend in June ......................
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Ironton-Lawrence County Memorial
Day Fireworks.
West Virginia Symphony Orchestra/
Symphony Sunday.
CMA Festival .........................................
Cumberland River Compact/Nashville
Splash Bash.
Rice’s Landing Riverfest .......................
City of Newport, KY/Italianfest ..............
Friends of the Festival, Inc./Riverbend
Festival Fireworks.
Junteenth/Black Complex of Louisville
CMA Festival Fireworks ........................
TriState Pottery Festival Fireworks .......
Hadi Shrine/Evansville Freedom Festival Air Show.
Alzheimer’s Water Lantern Festival/IC
Care.
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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Safety zone
21. 1 day—Last weekend in June or
first weekend in July.
22. 1 day—Last weekend in June or
First weekend in July.
23. 1 day—Last weekend in June or
first weekend in July.
Riverview Park Independence Festival
Louisville, KY .........
Ohio River, Miles 617.5–620.5 (Kentucky).
City of Point Pleasant/Point Pleasant
Sternwheel Fireworks.
City of Aurora/Aurora Firecracker Festival.
Point Pleasant, WV
24. 1 day—Last week of June or first
week of July.
25. 1 day—Last weekend in June or
first week in July.
26. 1 day—Last week in June or First
week in July.
27. 1 day—Weekend before the 4th of
July.
PUSH Beaver County/Beaver County
Boom.
Evansville Freedom Celebration/4th of
July Fireworks.
Rising Sun Fireworks ............................
Beaver, PA ............
Ohio River, Miles 265.2–266.2, Kanawha River Miles, 0.0–
0.5 (West Virginia).
Ohio River, Mile 496.7; 1,400 ft. radius from the Consolidated Grain Dock located along the State of Indiana
shoreline at (Indiana and Kentucky).
Ohio River, Miles 25.2–25.6 (Pennsylvania).
Evansville, IN ........
Ohio River, Miles 790.0–796.0 (Indiana).
Rising Sun, IN .......
Ohio River, Miles 506.0–507.0 (Indiana).
Kentucky Dam Marine/Kentucky Dam
Marina Fireworks.
Gilbertsville, KY .....
28. 1 day in July ....................................
Clarksville Independence Day Fireworks.
Gallatin Marina Fireworks .....................
Town of Cumberland City/Lighting up
the Cumberlands.
Chattanooga Presents/Pops on the
River.
Randy Boyd/Independence Celebration
Fireworks Display.
Moors Resort and Marina/Kentucky
Lake Big Bang.
Ashland City, TN ...
350 foot radius, from the fireworks launch site, on the entrance jetties at Kentucky Dam Marina, on the Tennessee River at Mile Marker 23 (Kentucky).
Cumberland River, Miles 127–129 (Tennessee).
29. 1 day in July ....................................
30. 1 day in July ....................................
31. 1 day in July ....................................
32. 1 day in July ....................................
33. 1 day—July 3rd ................................
Aurora, IN ..............
Gallatin, TN ...........
Cumberland City,
TN.
Chattanooga, TN ...
Cumberland River, Miles 236.5–237.5 (Tennessee).
Cumberland River, Miles 103.0–105.5 (Tennessee).
Knoxville, TN .........
Tennessee River, Miles 625.0–628.0 (Tennessee).
Gilbertsville, KY .....
Tennessee River, Miles 462.7–465.2 (Tennessee).
34. 1 day—3rd or 4th of July .................
City of Paducah, KY .............................
Paducah, KY .........
35. 1 day—3rd or 4th of July .................
City of Hickman, KY/Town of Hickman
Fireworks.
Hickman, KY .........
36. 1 day—July 4th ................................
City of Knoxville/Knoxville Festival on
the 4th.
Nashville NCVC/Independence Celebration.
Shoals Radio Group/Spirit of Freedom
Fireworks.
Monongahela Area Chamber of Commerce/Monongahela 4th of July
Celebration.
Cities of Cincinnati, OH and Newport,
KY/July 4th Fireworks.
Wellsburg 4th of July Committee/
Wellsburg 4th of July Freedom Celebration.
Wheeling Symphony fireworks ..............
Summer Motions Inc./Summer Motion
Knoxville, TN .........
600 foot radius, from the fireworks launch site, on the entrance jetty to Moors Resort and Marina, on the Tennessee River at mile marker 30.5 (Kentucky).
Ohio River, Miles 934.0–936.0; Tennessee River, Miles
0.0–1.0 (Kentucky).
700 foot radius from GPS coordinate 36°34.5035 N,
089°11.919 W, in Hickman Harbor located at mile marker 921.5 on the Lower Mississippi River (Kentucky).
Tennessee River, Miles 646.3–648.7 (Tennessee).
Nashville, TN .........
Cumberland River, Miles 189.7–192.3 (Tennessee).
Florence, AL ..........
Tennessee River, Miles 254.5–257.4 (Alabama).
Monongahela, PA ..
Monongahela River, Miles 032.0–033.0 (Pennsylvania).
Newport, KY ..........
Ohio River, Miles 469.6–470.2 (Kentucky and Ohio).
Wellsburg, WV ......
Ohio River, Miles 73.5–74.5 (West Virginia).
Wheeling, WV .......
Ashland, KY ..........
Ohio River, Miles 90–92 (West Virginia).
Ohio River, Miles 322.1–323.1 (Kentucky).
Chester Fireworks .................................
Toronto 4th of July Fireworks ...............
Cincinnati Symphony Orchestra ...........
Gallia County Chamber of Commerce/
Gallipolis River Recreation Festival.
Kindred Communications/Dawg Dazzle
Chester, WV ..........
Toronto, OH ..........
Cincinnati, OH .......
Gallipolis, OH ........
Ohio
Ohio
Ohio
Ohio
Huntington, WV .....
Ohio River, Miles 307.8–308.8 (West Virginia).
Greenup City .........................................
Greenup, KY .........
Ohio River, Miles 335.2–336.2 (Kentucky).
Middleport Community Association .......
Middleport, OH ......
Ohio River, Miles 251.5–252.5 (Ohio).
People for the Point Party in the Park ..
South Point, OH ....
Ohio River, Miles 317–318 (Ohio).
City of Bellevue, KY/Bellevue Beach
Park Concert Fireworks.
Pittsburgh 4th of July Celebration .........
Bellevue, KY ..........
Ohio River, Miles 468.2–469.2 (Kentucky & Ohio).
Pittsburgh, PA .......
Charleston, WV .....
Ohio River, Miles 0.0–0.5, Allegheny River, Miles 0.0–0.5,
and Monongahela River, Miles 0.0–0.5 (Pennsylvania).
Kanawha River, Miles 58.1–59.1 (West Virginia).
Portsmouth, OH ....
Ohio River, Miles 355.5–357.0 (Ohio).
Louisville, KY .........
Ohio River, Miles 602.0–605.0 (Kentucky).
Louisville, KY .........
Ohio River, Miles 602.0–605.0 (Kentucky).
Owensboro, KY .....
Ohio River, Miles 754.0–760.0 (Kentucky).
New Albany, IN .....
Ohio River, Miles 606.5–609.6 (Indiana).
37. 1 day in July ....................................
38. 1 day in July ....................................
39. 1 day—4th of July (Rain date—July
5th).
40. 1 day—July 4th ................................
41. 1 day—July 4th ................................
42. 1 day—week of July 4th ..................
43. 1 day—First week or weekend in
July.
44. 1 day—week of July 4th ..................
45. 1 day—First week of July ................
46. 1 day—First week of July ................
47. 1 day—First week or weekend in
July.
48. 1 day—First week or weekend in
July.
49. 1 day—First week or weekend in
July.
50. 1 day—First week or weekend in
July.
51. 1 day—First week or weekend in
July.
52. 1 day—One of the first two weekends in July.
53. 1 day—First Week of July ...............
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Sector Ohio Valley
location
Sponsor/name
54. 1 day—First week or weekend in
July.
55. 1 day—First week or weekend in
July.
56. 1 day—During the first week of July
57. 1 day—During the first week of July
58. 1 day—During the first week of July
59. 1 day—During the first week of July
VerDate Sep<11>2014
15:57 Mar 29, 2023
City of Charleston/City of Charleston
Independence Day Celebration.
Portsmouth River Days .........................
Louisville Bats Baseball Club/Louisville
Bats Firework Show.
Waterfront Independence Festival/Louisville Orchestra Waterfront 4th.
Celebration of the American Spirit Fireworks/All American 4th of July.
Riverfront Independence Festival Fireworks.
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River,
River,
River,
River,
Mile 42.0–44.0 (West Virginia).
Mile 58.2–58.8 (Ohio).
Miles 460.0–462.0 (Ohio).
Miles 269.5–270.5 (Ohio).
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Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Rules and Regulations
18997
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio Valley
location
Safety zone
60. 1 day in July ....................................
Grand Harbor Marina/Grand Harbor
Marina July 4th Celebration.
Steubenville fireworks ...........................
City of Maysville Fireworks ...................
Counce, TN ...........
Steubenville, OH ...
Maysville, KY .........
Tennessee-Tombigbee Waterway, Miles 448.5–451.0 (Tennessee).
Ohio River, Mile 67.5–68.5.
Ohio River, Miles 408–409 (Kentucky).
Madison Regatta, Inc./Madison Regatta
Madison, IN ...........
Ohio River, Miles 554.0–561.0 (Indiana).
Pittsburgh Irish Rowing Club/St.
Brendan’s Cup Currach Regatta.
Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks.
Oakmont Yacht Club/Oakmont Yacht
Club Fireworks.
Pittsburgh, PA .......
Ohio River, Miles 7.0–9.0 (Pennsylvania).
Wheeling, WV .......
Ohio River, Miles 90.0–90.5 (West Virginia).
Oakmont, PA .........
Allegheny River, Miles 12.0–12.5 (Pennsylvania).
Marietta Riverfront Roar Fireworks .......
Fort Armstrong Folk Music Festival ......
Marietta, OH ..........
Kittanning, PA .......
Ohio River, Miles 171.6–172.6 (Ohio).
Allegheny River, Mile 45.1–45.5 (Pennsylvania).
Music City Grand Prix Fireworks ..........
Nashville ASAE Fireworks ....................
Music City Grand Prix ...........................
Gliers Goetta Fest LLC .........................
Bellaire All-American Days ...................
Nashville, TN .........
Nashville, TN .........
Nashville, TN .........
Newport, KY ..........
Bellaire, OH ...........
Cumberland River 190–191 (Tennessee).
Cumberland River 190–191 (Tennessee).
Cumberland River 190–191 (Tennessee).
Ohio River, Miles 469.0–471.0.
Ohio River, Miles 93.5–94.5 (Ohio).
PA FOB Fireworks Display ...................
Guyasuta Days Festival/Borough of
Sharpsburg.
Pittsburgh Foundation/Bob O’Connor
Cookie Cruise.
Beaver River Regatta Fireworks ...........
Parkersburg Homecoming FestivalFireworks.
Ravenswood River Festival ..................
Green Turtle Bay Resort/Grand Rivers
Marina Day.
Pittsburgh, PA .......
Pittsburgh, PA .......
Allegheny River, Miles 0.8–1.0 (Pennsylvania).
Allegheny River, Miles 005.5–006.0 (Pennsylvania).
Pittsburgh, PA .......
Ohio River, Mile 0.0–0.5 (Pennsylvania).
Beaver, PA ............
Parkersburg, WV ...
Ohio River, Miles 25.2–25.8 (Pennsylvania).
Ohio River, Miles 183.5–185.5 (West Virginia).
Ravenswood, WV ..
Grand Rivers, KY ..
61. 1 night in July ..................................
62. 1 day—During the first two weeks of
July.
63. 1 day—One of the first two weekends in July.
64. 1 day—Third Saturday in July .........
65. 1 day—Third or fourth week in July
66. 1 day—Saturday Third or Fourth full
week of July (Rain date—following
Sunday).
67. 2 days—One weekend in July .........
68. 1 day—Last weekend in July or first
weekend in August.
69. 1 day in August ................................
70. 1 day in August ................................
71. 3 Days in August .............................
72. 1 day—First week in August ...........
73. 1 day—First or second week of August.
74. 1 day—Second full week of August
75. 1 day—Second Saturday in August
76. 1 day—In the Month of August .......
77. 1 day—Third week of August ..........
78. 1 day—One weekend in August ......
79. 1 day—One weekend in August ......
80. 1 day—The second or third weekend of August.
81. 1 day—last 2 weekends in August/
first week of September.
82. 1 day—One weekend in the month
of August or September.
83. Sunday, Monday, or Thursday from
August through February.
84. 1 day—One weekend before Labor
Day.
85. 1 day—The weekend of Labor Day
86. 2 days—Sunday before Labor Day
and Labor Day.
87. 1 day in September .........................
88. 1 day—Second weekend in September.
89. 3 days—Second or third week in
September.
90. 1 day—One weekend in September
91. 1 day—One weekend in September
92. 1 day—One weekend in September
93. 1 day—Last two weekends in September.
94. Multiple days—September through
January.
95. 1 day—First three weeks of October
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96. 1 day in October ..............................
97. 1 day—First two weeks in October
98. 1 day—One weekend in October ....
99. 2 days—One of the last three weekends in October.
100. 1 day—Within two weeks of
Thanksgiving.
101. 1 day—Friday before Thanksgiving
102. 1 day—within 2 weeks of Thanksgiving.
103. 1 day—Friday before Thanksgiving
104. 1 day in November ........................
105. 1 day—Third week of November ...
VerDate Sep<11>2014
15:57 Mar 29, 2023
Wheeling Dragon Boat Race ................
Wheeling, WV .......
Ohio River, Miles 220–221 (West Virginia).
420 foot radius, from the fireworks launch site, at the entrance to Green Turtle Bay Resort, on the Cumberland
River at mile marker 31.5 (Kentucky).
Ohio River, Miles 90.4–91.5 (West Virginia).
Owensboro Fireworks and Bridge
Lights show.
Pittsburgh Steelers Fireworks ...............
Owensboro, KY .....
Ohio River, Miles 756–757 (Kentucky).
Pittsburgh, PA .......
Riverfest/Riverfest Inc ...........................
Nitro, WV ...............
Allegheny River, Miles 0.0–0.25, Ohio River, Miles 0.0–0.1,
Monongahela River, Miles 0.0–0.1 (Pennsylvania).
Kanawha River, Miles 43.1–44.2 (West Virginia).
Newburgh Fireworks Display ................
Cincinnati Bell, WEBN, and Proctor
and Gamble/Riverfest.
Nashville Symphony/Concert Fireworks
City of Clarksville/Clarksville Riverfest ..
Newburgh, IN ........
Cincinnati, OH .......
Wheeling Heritage Port Sternwheel
Festival Foundation/Wheeling Heritage Port Sternwheel Festival.
Ohio River Sternwheel Festival Committee fireworks.
Tribute to the River ...............................
Aurora Fireworks ...................................
Cabana on the River .............................
University of Pittsburgh Athletic Department/University of Pittsburgh Fireworks.
Leukemia & Lymphoma Society/Light
the Night.
Leukemia and Lymphoma Society/Light
the Night Walk Fireworks.
Yeatman’s Fireworks ............................
West Virginia Motor Car Festival ..........
Monster Pumpkin Festival .....................
Pittsburgh Downtown Partnership/Light
Up Night.
Kittanning Light Up Night Firework Display.
Santa Spectacular/Light up Night .........
Monongahela Holiday Show .................
Friends of the Festival/Cheer at the
Pier.
Gallipolis in Lights .................................
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Nashville, TN .........
Clarksville, TN .......
Ohio River, Miles 777.3–778.3 (Indiana).
Ohio River, Miles 469.2–470.5 (Kentucky and Ohio) and
Licking River, Miles 0.0–3.0 (Kentucky).
Cumberland River, Miles 190.1–192.3 (Tennessee).
Cumberland River, Miles 124.5–127.0 (Tennessee).
Wheeling, WV .......
Ohio River, Miles 90.2–90.7 (West Virginia).
Marietta, OH ..........
Ohio River, Miles 171.5–172.5 (Ohio).
Point Pleasant, WV
Aurora, IN ..............
Cincinnati, OH .......
Ohio River, Miles 264.6–265.6 (West Virginia).
Ohio River, Mile 496.3–497.3 (Ohio).
Ohio River, Mile 483.2–484.2 (Ohio).
Pittsburgh, PA .......
Ohio River, Miles 0.0–0.1, Monongahela River, Miles 0.0–
0.1, Allegheny River, Miles 0.0–0.25 (Pennsylvania).
Pittsburgh, PA .......
Nashville, TN .........
Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.5,
and Monongahela River, Mile 0.0–0.5 (Pennsylvania).
Cumberland River, Miles 189.7–192.1 (Tennessee).
Cincinnati, OH .......
Charleston, WV .....
Pittsburgh, PA .......
Ohio River, Miles 469.0–470.5 (Ohio).
Kanawha River, Miles 58–59 (West Virginia).
Allegheny River, Mile 0.0–0.25 (Pennsylvania).
Pittsburgh, PA .......
Allegheny River, Miles 0.0–1.0 (Pennsylvania).
Kittanning, PA .......
Allegheny River, Miles 44.5–45.5 (Pennsylvania).
Pittsburgh, PA .......
Monongahela, PA ..
Chattanooga, TN ...
Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.5,
and Monongahela River, Mile 0.0–0.5 (Pennsylvania).
Ohio River, Miles 31.5–32.5 (Pennsylvania).
Tennessee River, Miles 462.7–465.2 (Tennessee).
Gallipolis, OH ........
Ohio River, Miles 269.2–270 (Ohio).
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18998
Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Rules and Regulations
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio Valley
location
106. 1 day—December 31 .....................
Pittsburgh Cultural Trust/Highmark First
Night Pittsburgh.
University of Tennessee/UT Football
Fireworks.
Pittsburgh, PA .......
Allegheny River, Miles 0.5–1.0 (Pennsylvania).
Knoxville, TN .........
Tennessee River, Miles 645.6–648.3 (Tennessee).
107. 7 days—Scheduled home games
*
*
*
*
*
Dated: March 27, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2023–06521 Filed 3–29–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0173]
Security Zone; Lower Mississippi
River, Mile Marker 94 to 97 Above Head
of Passes, New Orleans, LA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a security zone for all navigable waters
within 400 yards of the Left Descending
Bank (LDB) on the Lower Mississippi
River (LMR) Mile Marker (MM) 94.4 to
MM 95.1, Above Head of Passes (AHP),
New Orleans, LA. This security zone is
necessary to provide security and
protection for visiting personnel during
the events related to the French Quarter
Festival. Except for Vessel Movement
Reporting System Users operating in the
Algiers Point VT Special Area, no
person or vessel may enter this security
zone unless authorized by the Captain
of the Port New Orleans (COTP) or a
designated representative.
DATES: The regulations in 33 CFR
165.846 will be enforced from 10 a.m.
on April 13, 2023, through 10 p.m. on
April 16, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Commander William
A. Stewart, Sector New Orleans, U.S.
Coast Guard; telephone 504–365–2246,
email William.A.Stewart@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a security zone in 33
CFR 165.846 for events related to the
French Quarter Festival from 10 a.m. on
April 13, 2023, through 10 p.m. on April
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SUMMARY:
VerDate Sep<11>2014
15:57 Mar 29, 2023
Jkt 259001
Safety zone
16, 2023. This action is being taken to
provide security and protection for
visiting personnel during the events
related to the French Quarter Festival.
The security zone will cover all
navigable waters within 400 yards of the
Left Descending Bank on the Lower
Mississippi River from MM 94.4 to MM
95.1 AHP, New Orleans, LA. Except for
Vessel Movement Reporting System
Users operating in the Algiers Point VT
Special Area, no person or vessel may
enter this security zone unless
authorized by the COTP or a designated
representative. A designated
representative means any Coast Guard
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
Sector New Orleans; to include a
Federal, State, and/or local officer
designated by or assisting the COTP in
the enforcement of the security zone. To
seek permission to enter, contact the
COTP or a designated representative on
VHF–FM Channel 12 or 67. Those in the
security zone must transit at their
slowest speed and comply with all
lawful orders or directions given to
them by the COTP or a designated
representative.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Vessel Traffic Service
Advisories, Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs).
Dated: March 22, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2023–06572 Filed 3–29–23; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
NATIONAL FOUNDATION ON THE
ARTS AND HUMANITIES
National Endowment for the
Humanities
45 CFR Parts 1168 and 1174
RIN 3136–AA46
Civil Penalty Adjustments
National Endowment for the
Humanities, National Foundation on the
Arts and the Humanities.
ACTION: Final rule.
AGENCY:
The National Endowment for
the Humanities (NEH) is adjusting the
maximum and minimum civil monetary
penalties that may be imposed for
violations of its New Restrictions on
Lobbying and Program Fraud Civil
Remedies Act regulations to reflect the
requirements of the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015. This final
rule provides the 2023 annual inflation
adjustments to the initial ‘‘catch-up’’
adjustments made on April 21, 2020,
and August 13, 2021, and reflects all
other inflation adjustments made in the
interim. This final rule also codifies the
statutory formula for inflation
adjustments in NEH’s New Restrictions
on Lobbying and Program Fraud Civil
Remedies Act regulations, so that NEH
may publish a Notice in the Federal
Register indicating the civil monetary
penalty adjustment amounts for each
regulation in January 2024 and every
calendar year thereafter.
DATES: This rule is effective on March
30, 2023.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Voyatzis, Deputy General
Counsel, Office of the General Counsel,
National Endowment for the
Humanities, 400 7th Street SW, Room
4060, Washington, DC 20506; (202) 606–
8322; gencounsel@neh.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
1. Background
The Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
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]]>Agencies
[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Rules and Regulations]
[Pages 18993-18998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06521]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0928]
RIN 1625-AA00
Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring
Safety Zones Update
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending and updating its safety zone
regulations for annual events that take place in the Coast Guard Sector
Ohio Valley area of responsibility (AOR). This action is necessary to
update the current list of recurring safety zones with revisions,
additional events, and removal of events that no longer take place in
the Sector Ohio Valley. When these safety zones are enforced, certain
restrictions are placed on marine traffic in specified areas.
DATES: This rule is effective on March 30, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0928 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer William Miller, Sector Ohio Valley, U.S.
Coast Guard;
[[Page 18994]]
telephone 502-779-5347, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of Responsibility
COTP Captain of the Port Sector Ohio Valley
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Captain of Port Sector Ohio Valley (COTP) is amending 33 CFR
165.801 to update the table of annual fireworks displays and other
events in Coast Guard Sector Ohio Valley Area of Responsibility (AOR).
These events include air shows, fireworks displays, and other events
requiring a safety zone.
On January 23, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled, Safety Zones; Coast Guard Sector Ohio Valley
Annual and Recurring Safety Zones Update (86 FR 68948). There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to those recurring safety zones. During the comment
period that ended on February 22, 2023, no comments were received.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
ensure the safety of the events occurring in March.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Coast Guard is amending and
updating the safety zones under 33 CFR part 165 to include the most up
to date list of recurring safety zones for events held on or around
navigable waters within the Sector Ohio Valley AOR. These events
include fireworks displays, air shows, and festivals. The current list
in 33 CFR 165.801 requires amending to provide new information on
existing safety zones and to include new safety zones expected to recur
annually or biannually. Issuing individual regulations for each new
safety zone, amendment of existing safety zones creates unnecessary
administrative costs and burdens. This rulemaking reduces
administrative overhead and provides the public with notice through
publication in the Federal Register of the upcoming recurring safety
zones. Based on the nature of these events, large numbers of
participants and spectators, and event locations, the COTP has
determined that the events listed in this rule could pose a risk to
participants or waterways users if the normal vessel traffic were to
interfere with the events. Possible hazards include risks of injury or
death from near or actual contact among participant vessels and
spectators or mariners traversing through the regulated area. This
purpose of this rule is to ensure the safety of all waterway users,
including event participants and spectators, during the scheduled
events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
January 23, 2023. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule amends and updates part 165 of 33 CFR by revising the
current table for Sector Ohio Valley, and by adding eight new recurring
safety zones, removing four safety zones, and amending four safety
zones as described in the NPRM. Vessels intending to transit the
designated waterway through the safety zone will only be allowed to
transit the area when the COTP, or designated representative, has
deemed it safe to do so or at the completion of the event.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zones. These safety zones are
limited in size and duration, and are usually positioned away from high
vessel traffic areas. Moreover, the Coast Guard would issue a Broadcast
Notices to Mariners, Local Notices to Mariners, and Marine Safety
Information Broadcasts to inform the community of these safety zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 18995]]
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. It is categorically
excluded from further review under paragraph L60 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. In Sec. 165.801, revise and republish Table 1 to read as follows:
Sec. 165.801 Annual Fireworks displays and other events in the Eighth
Coast Guard District recurring safety zones.
* * * * *
Table 1 of Sec. 165.801--Sector Ohio Valley Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
Sector Ohio Valley
Date Sponsor/name location Safety zone
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1. 3 days--Third or Fourth weekend in Henderson Breakfast Henderson, KY.......... Ohio River, Miles 802.5-
April. Lions Club Tri-Fest. 805.5 (Kentucky).
2. 2 days--Third Friday and Saturday Thunder Over Louisville Louisville, KY......... Ohio River, Mile 597.0-
in April. 604.0 (Kentucky).
3. Multiple days--April through Pittsburgh Pirates Pittsburgh, PA......... Allegheny River, Miles
November. Season Fireworks. 0.2-0.9
(Pennsylvania).
4. Multiple days--April through Cincinnati Reds Season Cincinnati, OH......... Ohio River, Miles 470.1-
November. Fireworks. 470.4; extending 500
ft. from the State of
Ohio shoreline (Ohio).
5. Multiple days--April through Pittsburgh Riverhounds Pittsburgh, PA......... Monongahela River,
November. Season Fireworks. Miles 0.22-0.77
(Pennsylvania).
6. 1 day--First week in May.......... Belterra Park Gaming Cincinnati, OH......... Ohio River, Miles 460.0-
Fireworks. 462.0 (Ohio).
7. 1 day--One Friday in May prior to Live on the Levee Charleston, WV......... Kanawha River, Mile
Memorial Day. Memorial Day Fireworks/ 58.1-59.1 (West
City of Charleston. Virginia).
8. 1 day--Saturday before Memorial Venture Outdoors Pittsburgh, PA......... Allegheny River, Miles
Day. Festival. 0.0-0.25; Monongahela
River, Miles 0.0-0.25
(Pennsylvania).
9. 1 day--Saturday before Memorial Ironton-Lawrence County Ironton, OH............ Ohio River, Mile 328
Day. Memorial Day Fireworks. (West Virginia).
10. 1 day--First Sunday in June...... West Virginia Symphony Charleston, WV......... Kanawha River, Miles
Orchestra/Symphony 59.5-60.5 (West
Sunday. Virginia).
11. 3 days in June................... CMA Festival........... Nashville, TN.......... Cumberland River, Miles
190.7-191.1 extending
100 feet from the left
descending bank
(Tennessee).
12. 1 day in June.................... Cumberland River Nashville, TN.......... Cumberland River, Miles
Compact/Nashville 189.7-192.1
Splash Bash. (Tennessee).
13. 2 days--A weekend in June........ Rice's Landing Rice's Landing, PA..... Monongahela River,
Riverfest. Miles 68.0-68.8
(Pennsylvania).
14. 2 days--Second Friday and City of Newport, KY/ Newport, KY............ Ohio River, Miles 468.6-
Saturday in June. Italianfest. 471.0 (Kentucky and
Ohio).
15. 1 day in June.................... Friends of the Chattanooga, TN........ Tennessee River, Miles
Festival, Inc./ 462.7-465.2
Riverbend Festival (Tennessee).
Fireworks.
16. 1 day in June.................... Junteenth/Black Complex Louisville, KY......... Ohio River, Miles
of Louisville. 603.5--604.5.
17. 1 day in June.................... CMA Festival Fireworks. Nashville, TN.......... Cumberland River 190-
191 (Tennessee).
18. 1 day--Second or Third week of TriState Pottery East Liverpool, OH..... Ohio River, Miles 42.5-
June. Festival Fireworks. 45.0 (Ohio).
19. 3 days--One of the last three Hadi Shrine/Evansville Evansville, IN......... Ohio River, Miles 790.0-
weekends in June. Freedom Festival Air 796.0 (Indiana).
Show.
20. One weekend in June.............. Alzheimer's Water Wheeling, WV........... Ohio River Mile, 90.3-
Lantern Festival/IC 91.8.
Care.
[[Page 18996]]
21. 1 day--Last weekend in June or Riverview Park Louisville, KY......... Ohio River, Miles 617.5-
first weekend in July. Independence Festival. 620.5 (Kentucky).
22. 1 day--Last weekend in June or City of Point Pleasant/ Point Pleasant, WV..... Ohio River, Miles 265.2-
First weekend in July. Point Pleasant 266.2, Kanawha River
Sternwheel Fireworks. Miles, 0.0-0.5 (West
Virginia).
23. 1 day--Last weekend in June or City of Aurora/Aurora Aurora, IN............. Ohio River, Mile 496.7;
first weekend in July. Firecracker Festival. 1,400 ft. radius from
the Consolidated Grain
Dock located along the
State of Indiana
shoreline at (Indiana
and Kentucky).
24. 1 day--Last week of June or first PUSH Beaver County/ Beaver, PA............. Ohio River, Miles 25.2-
week of July. Beaver County Boom. 25.6 (Pennsylvania).
25. 1 day--Last weekend in June or Evansville Freedom Evansville, IN......... Ohio River, Miles 790.0-
first week in July. Celebration/4th of 796.0 (Indiana).
July Fireworks.
26. 1 day--Last week in June or First Rising Sun Fireworks... Rising Sun, IN......... Ohio River, Miles 506.0-
week in July. 507.0 (Indiana).
27. 1 day--Weekend before the 4th of Kentucky Dam Marine/ Gilbertsville, KY...... 350 foot radius, from
July. Kentucky Dam Marina the fireworks launch
Fireworks. site, on the entrance
jetties at Kentucky
Dam Marina, on the
Tennessee River at
Mile Marker 23
(Kentucky).
28. 1 day in July.................... Clarksville Ashland City, TN....... Cumberland River, Miles
Independence Day 127-129 (Tennessee).
Fireworks.
29. 1 day in July.................... Gallatin Marina Gallatin, TN........... Cumberland River, Miles
Fireworks. 236.5-237.5
(Tennessee).
30. 1 day in July.................... Town of Cumberland City/ Cumberland City, TN.... Cumberland River, Miles
Lighting up the 103.0-105.5
Cumberlands. (Tennessee).
31. 1 day in July.................... Chattanooga Presents/ Chattanooga, TN........ Tennessee River, Miles
Pops on the River. 462.7-465.2
(Tennessee).
32. 1 day in July.................... Randy Boyd/Independence Knoxville, TN.......... Tennessee River, Miles
Celebration Fireworks 625.0-628.0
Display. (Tennessee).
33. 1 day--July 3rd.................. Moors Resort and Marina/ Gilbertsville, KY...... 600 foot radius, from
Kentucky Lake Big Bang. the fireworks launch
site, on the entrance
jetty to Moors Resort
and Marina, on the
Tennessee River at
mile marker 30.5
(Kentucky).
34. 1 day--3rd or 4th of July........ City of Paducah, KY.... Paducah, KY............ Ohio River, Miles 934.0-
936.0; Tennessee
River, Miles 0.0-1.0
(Kentucky).
35. 1 day--3rd or 4th of July........ City of Hickman, KY/ Hickman, KY............ 700 foot radius from
Town of Hickman GPS coordinate
Fireworks. 36[deg]34.5035 N,
089[deg]11.919 W, in
Hickman Harbor located
at mile marker 921.5
on the Lower
Mississippi River
(Kentucky).
36. 1 day--July 4th.................. City of Knoxville/ Knoxville, TN.......... Tennessee River, Miles
Knoxville Festival on 646.3-648.7
the 4th. (Tennessee).
37. 1 day in July.................... Nashville NCVC/ Nashville, TN.......... Cumberland River, Miles
Independence 189.7-192.3
Celebration. (Tennessee).
38. 1 day in July.................... Shoals Radio Group/ Florence, AL........... Tennessee River, Miles
Spirit of Freedom 254.5-257.4 (Alabama).
Fireworks.
39. 1 day--4th of July (Rain date-- Monongahela Area Monongahela, PA........ Monongahela River,
July 5th). Chamber of Commerce/ Miles 032.0-033.0
Monongahela 4th of (Pennsylvania).
July Celebration.
40. 1 day--July 4th.................. Cities of Cincinnati, Newport, KY............ Ohio River, Miles 469.6-
OH and Newport, KY/ 470.2 (Kentucky and
July 4th Fireworks. Ohio).
41. 1 day--July 4th.................. Wellsburg 4th of July Wellsburg, WV.......... Ohio River, Miles 73.5-
Committee/Wellsburg 74.5 (West Virginia).
4th of July Freedom
Celebration.
42. 1 day--week of July 4th.......... Wheeling Symphony Wheeling, WV........... Ohio River, Miles 90-92
fireworks. (West Virginia).
43. 1 day--First week or weekend in Summer Motions Inc./ Ashland, KY............ Ohio River, Miles 322.1-
July. Summer Motion. 323.1 (Kentucky).
44. 1 day--week of July 4th.......... Chester Fireworks...... Chester, WV............ Ohio River, Mile 42.0-
44.0 (West Virginia).
45. 1 day--First week of July........ Toronto 4th of July Toronto, OH............ Ohio River, Mile 58.2-
Fireworks. 58.8 (Ohio).
46. 1 day--First week of July........ Cincinnati Symphony Cincinnati, OH......... Ohio River, Miles 460.0-
Orchestra. 462.0 (Ohio).
47. 1 day--First week or weekend in Gallia County Chamber Gallipolis, OH......... Ohio River, Miles 269.5-
July. of Commerce/Gallipolis 270.5 (Ohio).
River Recreation
Festival.
48. 1 day--First week or weekend in Kindred Communications/ Huntington, WV......... Ohio River, Miles 307.8-
July. Dawg Dazzle. 308.8 (West Virginia).
49. 1 day--First week or weekend in Greenup City........... Greenup, KY............ Ohio River, Miles 335.2-
July. 336.2 (Kentucky).
50. 1 day--First week or weekend in Middleport Community Middleport, OH......... Ohio River, Miles 251.5-
July. Association. 252.5 (Ohio).
51. 1 day--First week or weekend in People for the Point South Point, OH........ Ohio River, Miles 317-
July. Party in the Park. 318 (Ohio).
52. 1 day--One of the first two City of Bellevue, KY/ Bellevue, KY........... Ohio River, Miles 468.2-
weekends in July. Bellevue Beach Park 469.2 (Kentucky &
Concert Fireworks. Ohio).
53. 1 day--First Week of July........ Pittsburgh 4th of July Pittsburgh, PA......... Ohio River, Miles 0.0-
Celebration. 0.5, Allegheny River,
Miles 0.0-0.5, and
Monongahela River,
Miles 0.0-0.5
(Pennsylvania).
54. 1 day--First week or weekend in City of Charleston/City Charleston, WV......... Kanawha River, Miles
July. of Charleston 58.1-59.1 (West
Independence Day Virginia).
Celebration.
55. 1 day--First week or weekend in Portsmouth River Days.. Portsmouth, OH......... Ohio River, Miles 355.5-
July. 357.0 (Ohio).
56. 1 day--During the first week of Louisville Bats Louisville, KY......... Ohio River, Miles 602.0-
July. Baseball Club/ 605.0 (Kentucky).
Louisville Bats
Firework Show.
57. 1 day--During the first week of Waterfront Independence Louisville, KY......... Ohio River, Miles 602.0-
July. Festival/Louisville 605.0 (Kentucky).
Orchestra Waterfront
4th.
58. 1 day--During the first week of Celebration of the Owensboro, KY.......... Ohio River, Miles 754.0-
July. American Spirit 760.0 (Kentucky).
Fireworks/All American
4th of July.
59. 1 day--During the first week of Riverfront Independence New Albany, IN......... Ohio River, Miles 606.5-
July. Festival Fireworks. 609.6 (Indiana).
[[Page 18997]]
60. 1 day in July.................... Grand Harbor Marina/ Counce, TN............. Tennessee-Tombigbee
Grand Harbor Marina Waterway, Miles 448.5-
July 4th Celebration. 451.0 (Tennessee).
61. 1 night in July.................. Steubenville fireworks. Steubenville, OH....... Ohio River, Mile 67.5-
68.5.
62. 1 day--During the first two weeks City of Maysville Maysville, KY.......... Ohio River, Miles 408-
of July. Fireworks. 409 (Kentucky).
63. 1 day--One of the first two Madison Regatta, Inc./ Madison, IN............ Ohio River, Miles 554.0-
weekends in July. Madison Regatta. 561.0 (Indiana).
64. 1 day--Third Saturday in July.... Pittsburgh Irish Rowing Pittsburgh, PA......... Ohio River, Miles 7.0-
Club/St. Brendan's Cup 9.0 (Pennsylvania).
Currach Regatta.
65. 1 day--Third or fourth week in Upper Ohio Valley Wheeling, WV........... Ohio River, Miles 90.0-
July. Italian Heritage 90.5 (West Virginia).
Festival/Upper Ohio
Valley Italian
Heritage Festival
Fireworks.
66. 1 day--Saturday Third or Fourth Oakmont Yacht Club/ Oakmont, PA............ Allegheny River, Miles
full week of July (Rain date-- Oakmont Yacht Club 12.0-12.5
following Sunday). Fireworks. (Pennsylvania).
67. 2 days--One weekend in July...... Marietta Riverfront Marietta, OH........... Ohio River, Miles 171.6-
Roar Fireworks. 172.6 (Ohio).
68. 1 day--Last weekend in July or Fort Armstrong Folk Kittanning, PA......... Allegheny River, Mile
first weekend in August. Music Festival. 45.1-45.5
(Pennsylvania).
69. 1 day in August.................. Music City Grand Prix Nashville, TN.......... Cumberland River 190-
Fireworks. 191 (Tennessee).
70. 1 day in August.................. Nashville ASAE Nashville, TN.......... Cumberland River 190-
Fireworks. 191 (Tennessee).
71. 3 Days in August................. Music City Grand Prix.. Nashville, TN.......... Cumberland River 190-
191 (Tennessee).
72. 1 day--First week in August...... Gliers Goetta Fest LLC. Newport, KY............ Ohio River, Miles 469.0-
471.0.
73. 1 day--First or second week of Bellaire All-American Bellaire, OH........... Ohio River, Miles 93.5-
August. Days. 94.5 (Ohio).
74. 1 day--Second full week of August PA FOB Fireworks Pittsburgh, PA......... Allegheny River, Miles
Display. 0.8-1.0
(Pennsylvania).
75. 1 day--Second Saturday in August. Guyasuta Days Festival/ Pittsburgh, PA......... Allegheny River, Miles
Borough of Sharpsburg. 005.5-006.0
(Pennsylvania).
76. 1 day--In the Month of August.... Pittsburgh Foundation/ Pittsburgh, PA......... Ohio River, Mile 0.0-
Bob O'Connor Cookie 0.5 (Pennsylvania).
Cruise.
77. 1 day--Third week of August...... Beaver River Regatta Beaver, PA............. Ohio River, Miles 25.2-
Fireworks. 25.8 (Pennsylvania).
78. 1 day--One weekend in August..... Parkersburg Homecoming Parkersburg, WV........ Ohio River, Miles 183.5-
Festival-Fireworks. 185.5 (West Virginia).
79. 1 day--One weekend in August..... Ravenswood River Ravenswood, WV......... Ohio River, Miles 220-
Festival. 221 (West Virginia).
80. 1 day--The second or third Green Turtle Bay Resort/ Grand Rivers, KY....... 420 foot radius, from
weekend of August. Grand Rivers Marina the fireworks launch
Day. site, at the entrance
to Green Turtle Bay
Resort, on the
Cumberland River at
mile marker 31.5
(Kentucky).
81. 1 day--last 2 weekends in August/ Wheeling Dragon Boat Wheeling, WV........... Ohio River, Miles 90.4-
first week of September. Race. 91.5 (West Virginia).
82. 1 day--One weekend in the month Owensboro Fireworks and Owensboro, KY.......... Ohio River, Miles 756-
of August or September. Bridge Lights show. 757 (Kentucky).
83. Sunday, Monday, or Thursday from Pittsburgh Steelers Pittsburgh, PA......... Allegheny River, Miles
August through February. Fireworks. 0.0-0.25, Ohio River,
Miles 0.0-0.1,
Monongahela River,
Miles 0.0-0.1
(Pennsylvania).
84. 1 day--One weekend before Labor Riverfest/Riverfest Inc Nitro, WV.............. Kanawha River, Miles
Day. 43.1-44.2 (West
Virginia).
85. 1 day--The weekend of Labor Day.. Newburgh Fireworks Newburgh, IN........... Ohio River, Miles 777.3-
Display. 778.3 (Indiana).
86. 2 days--Sunday before Labor Day Cincinnati Bell, WEBN, Cincinnati, OH......... Ohio River, Miles 469.2-
and Labor Day. and Proctor and Gamble/ 470.5 (Kentucky and
Riverfest. Ohio) and Licking
River, Miles 0.0-3.0
(Kentucky).
87. 1 day in September............... Nashville Symphony/ Nashville, TN.......... Cumberland River, Miles
Concert Fireworks. 190.1-192.3
(Tennessee).
88. 1 day--Second weekend in City of Clarksville/ Clarksville, TN........ Cumberland River, Miles
September. Clarksville Riverfest. 124.5-127.0
(Tennessee).
89. 3 days--Second or third week in Wheeling Heritage Port Wheeling, WV........... Ohio River, Miles 90.2-
September. Sternwheel Festival 90.7 (West Virginia).
Foundation/Wheeling
Heritage Port
Sternwheel Festival.
90. 1 day--One weekend in September.. Ohio River Sternwheel Marietta, OH........... Ohio River, Miles 171.5-
Festival Committee 172.5 (Ohio).
fireworks.
91. 1 day--One weekend in September.. Tribute to the River... Point Pleasant, WV..... Ohio River, Miles 264.6-
265.6 (West Virginia).
92. 1 day--One weekend in September.. Aurora Fireworks....... Aurora, IN............. Ohio River, Mile 496.3-
497.3 (Ohio).
93. 1 day--Last two weekends in Cabana on the River.... Cincinnati, OH......... Ohio River, Mile 483.2-
September. 484.2 (Ohio).
94. Multiple days--September through University of Pittsburgh, PA......... Ohio River, Miles 0.0-
January. Pittsburgh Athletic 0.1, Monongahela
Department/University River, Miles 0.0-0.1,
of Pittsburgh Allegheny River, Miles
Fireworks. 0.0-0.25
(Pennsylvania).
95. 1 day--First three weeks of Leukemia & Lymphoma Pittsburgh, PA......... Ohio River, Mile 0.0-
October. Society/Light the 0.5, Allegheny River,
Night. Mile 0.0-0.5, and
Monongahela River,
Mile 0.0-0.5
(Pennsylvania).
96. 1 day in October................. Leukemia and Lymphoma Nashville, TN.......... Cumberland River, Miles
Society/Light the 189.7-192.1
Night Walk Fireworks. (Tennessee).
97. 1 day--First two weeks in October Yeatman's Fireworks.... Cincinnati, OH......... Ohio River, Miles 469.0-
470.5 (Ohio).
98. 1 day--One weekend in October.... West Virginia Motor Car Charleston, WV......... Kanawha River, Miles 58-
Festival. 59 (West Virginia).
99. 2 days--One of the last three Monster Pumpkin Pittsburgh, PA......... Allegheny River, Mile
weekends in October. Festival. 0.0-0.25
(Pennsylvania).
100. 1 day--Within two weeks of Pittsburgh Downtown Pittsburgh, PA......... Allegheny River, Miles
Thanksgiving. Partnership/Light Up 0.0-1.0
Night. (Pennsylvania).
101. 1 day--Friday before Kittanning Light Up Kittanning, PA......... Allegheny River, Miles
Thanksgiving. Night Firework Display. 44.5-45.5
(Pennsylvania).
102. 1 day--within 2 weeks of Santa Spectacular/Light Pittsburgh, PA......... Ohio River, Mile 0.0-
Thanksgiving. up Night. 0.5, Allegheny River,
Mile 0.0-0.5, and
Monongahela River,
Mile 0.0-0.5
(Pennsylvania).
103. 1 day--Friday before Monongahela Holiday Monongahela, PA........ Ohio River, Miles 31.5-
Thanksgiving. Show. 32.5 (Pennsylvania).
104. 1 day in November............... Friends of the Festival/ Chattanooga, TN........ Tennessee River, Miles
Cheer at the Pier. 462.7-465.2
(Tennessee).
105. 1 day--Third week of November... Gallipolis in Lights... Gallipolis, OH......... Ohio River, Miles 269.2-
270 (Ohio).
[[Page 18998]]
106. 1 day--December 31.............. Pittsburgh Cultural Pittsburgh, PA......... Allegheny River, Miles
Trust/Highmark First 0.5-1.0
Night Pittsburgh. (Pennsylvania).
107. 7 days--Scheduled home games.... University of Tennessee/ Knoxville, TN.......... Tennessee River, Miles
UT Football Fireworks. 645.6-648.3
(Tennessee).
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* * * * *
Dated: March 27, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-06521 Filed 3-29-23; 8:45 am]
BILLING CODE 9110-04-P
